S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2064
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH,  CUSICK,  BLAKE, SIMON, BENEDETTO,
   SEPULVEDA, DINOWITZ,  ROSENTHAL,  GOTTFRIED,  QUART,  McDONALD,  FAHY,
   OTIS,  LUPARDO,  PERRY, ABINANTI, ROZIC, GALEF, JAFFEE, LIFTON, BRAUN-
   STEIN, PAULIN, COLTON, CAHILL, HEVESI, SOLAGES, COOK, RAMOS,  SKOUFIS,
   CYMBROWITZ  -- Multi-Sponsored by -- M. of A. BUCHWALD, LENTOL, MAGEE,
   THIELE -- read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to early voting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3-400 of the election law is amended by adding a
 new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
 ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
 VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
 BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
 VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
 TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
 FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
 PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   § 2. Section 4-117 of the election law is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  THE  NOTICE  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR  THE  GENERAL
 AND  PRIMARY  ELECTION.  THE  BOARD  OF ELECTIONS MAY SATISFY THE NOTICE
 REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE  INSTRUCTIONS
 TO  OBTAIN  THE  REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
 BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH  INFOR-
 MATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02758-01-7
              

 A. 2064                             2
 
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 335 of the laws of 2000, is amended to read as follows:
   2. Polls shall be open for voting during the following hours: a prima-
 ry  election from twelve o'clock noon until nine o'clock in the evening,
 except in the city of New York and  the  counties  of  Nassau,  Suffolk,
 Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
 county from [six] SEVEN o'clock in the morning until nine o'clock in the
 evening; the general election from six o'clock in the morning until nine
 o'clock in the evening; a special election called by the governor pursu-
 ant to the public officers law, and, except  as  otherwise  provided  by
 law, every other election, from [six] SEVEN o'clock in the morning until
 nine  o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN
 SECTION 8-600 OF THIS ARTICLE.
   § 4. Subdivision 1 of section 8-102 of the election law is amended  by
 adding a new paragraph (k) to read as follows:
   (K)  VOTING  AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
 IN A MANNER CONSISTENT WITH THE PROVISIONS OF  THIS  ARTICLE,  WITH  THE
 EXCEPTION  OF  THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
 SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE  OF  SECTION
 8-600 OF THIS ARTICLE.
   §  5.  Section  8-104  of  the election law is amended by adding a new
 subdivision 7 to read as follows:
   7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
 IN SECTION 8-600 OF THIS ARTICLE.
   §  6.  Paragraph (b) of subdivision 2 of section 8-508 of the election
 law, as amended by chapter 200 of the laws of 1996, is amended  to  read
 as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of each person who is challenged on the day of election OR ON ANY DAY IN
 WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
 together with the reason for the challenge.   If  no  voters  are  chal-
 lenged,  the  board  of inspectors shall enter the words "No Challenges"
 across the space reserved for such names. In lieu of  preparing  section
 two of the challenge report, the board of elections may provide, next to
 the  name  of  each voter on the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to be entered in such section two, or provide at the end of such comput-
 er  generated  registration list, a place for the inspectors of election
 to enter such information.
   § 7. Article 8 of the election law is amended by adding a new title  6
 to read as follows:
                                 TITLE VI
                               EARLY VOTING
 SECTION 8-600. EARLY VOTING.
         8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                  VOTING.
   § 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
 AL, PRIMARY OR SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  OFFICE,  AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
 SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
 TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED  TO  VOTE
 AS  PROVIDED  IN THIS TITLE.   THE BOARD OF ELECTIONS OF EACH COUNTY AND
 THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL  OF
 THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE

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 EARLY  VOTING  PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
 SAME ELECTION.
   2.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
 SHALL DESIGNATE POLLING PLACES FOR EARLY VOTING IN  EACH  COUNTY,  WHICH
 MAY  INCLUDE  THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS TO VOTE
 EARLY PURSUANT TO THIS SECTION. THERE SHALL BE SO  DESIGNATED  AT  LEAST
 ONE  EARLY  VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF FIFTY THOU-
 SAND REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER  OF
 EARLY  VOTING  POLLING  PLACES  IN  A COUNTY SHALL NOT BE REQUIRED TO BE
 GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY  THOUSAND  VOTERS
 SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
   (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
 ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
 MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
 ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
   (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
 ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
 EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
 DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
 EARLY VOTERS.
   (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
 TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
 PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
 ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
 THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
 SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
 TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
   3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
 FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
 (A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
 ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
 OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
 ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
 SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
 BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
 ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
 BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
 VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
 THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
 SUBSTANTIALLY EQUAL BASIS.
   4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
 BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
 EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
   (B) AT LEAST ONE POLLING PLACE FOR  EARLY  VOTING  SHALL  REMAIN  OPEN
 UNTIL  EIGHT  O'CLOCK  IN  THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
 CALENDAR WEEK DURING THE EARLY VOTING PERIOD.   IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
 EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
 EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
 DAYS DURING THE EARLY VOTING PERIOD.

 A. 2064                             4
 
   (C) POLLS SHALL BE OPEN FOR EARLY  VOTING  FOR  AT  LEAST  FIVE  HOURS
 BETWEEN  NINE  O'CLOCK  IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
 EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
   (D)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
 OF ELECTIONS FROM ESTABLISHING A GREATER  NUMBER  OF  HOURS  FOR  VOTING
 DURING  THE  EARLY  VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
 THIS SUBDIVISION.
   (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
 VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED BY MAY  FIRST  OF  EACH
 YEAR  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION 4-104 OF THIS CHAPTER.
 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF  SECTION  4-104  OF
 THIS  CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY VOTING
 POLLING PLACES AND THEIR HOURS OF  OPERATION  FOR  EARLY  VOTING  FOR  A
 PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
 BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
   5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
 ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
 ANY  AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
 THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES  FOR
 EARLY  VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
 TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE  TO
 VOTERS  THAT  IF  THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
 WILL NOT BE ALLOWED TO VOTE ELECTION DAY;  AND  IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION, THE LOCATION OF THE POLLING PLACES FOR
 EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN  OR  OTHER
 POLITICAL SUBDIVISION.
   6.  THE  FORM  OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
 THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE  APPLICABLE  TO
 VOTING  BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
 THE SAME MANNER AS PROVIDED  FOR  IN  SECTION  8-312  OF  THIS  ARTICLE,
 PROVIDED,  HOWEVER,  THAT  BALLOTS  CAST  DURING THE EARLY VOTING PERIOD
 SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
 SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
 THE POLLS ON ELECTION DAY, AND NO  UNOFFICIAL  TABULATIONS  OF  ELECTION
 RESULTS  SHALL  BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
 OF POLLS ON ELECTION DAY.
   7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE  SUBJECT  TO
 CHALLENGE  AS  PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
 CLE.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
 EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT  HAVE  NOT  BEEN
 SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
 HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
 MANNER  CONSISTENT  WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT SUCH
 BALLOTS WHICH CANNOT THEN BE CAST ON A  BALLOT  SCANNER  SHALL  BE  HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
 CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
 OF THIS CHAPTER.
   9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
 FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
 THE  CLOSE  OF  THE  POLLS ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE
 BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
 BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
 VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES

 A. 2064                             5
 
 USED  DURING  EARLY VOTING CONTAINING THE EARLY VOTING ELECTION INFORMA-
 TION AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE  SCANNERS,
 AND  THE  RESULTS  THEREFROM  SHALL BE DULY CANVASSED AFTER THE CLOSE OF
 POLLS ON ELECTION DAY.
   10.  AFTER  THE CLOSE OF POLLS ON ELECTION DAY, INSPECTORS OR BOARD OF
 ELECTIONS EMPLOYEES APPOINTED  TO  CANVASS  BALLOTS  CAST  DURING  EARLY
 VOTING  SHALL  FOLLOW  ALL  RELEVANT  PROVISIONS OF ARTICLE NINE OF THIS
 CHAPTER THAT ARE NOT INCONSISTENT WITH  THIS  SECTION,  FOR  CANVASSING,
 PROCESSING, RECORDING, AND ANNOUNCING RESULTS OF VOTING AT POLLING PLAC-
 ES  FOR EARLY VOTING, AND SECURING BALLOTS, SCANNERS, AND OTHER ELECTION
 MATERIALS. SUCH CANVASS MAY  OCCUR  AT  THE  OFFICES  OF  THE  BOARD  OF
 ELECTIONS,  AT  THE  EARLY  VOTING  POLLING PLACE OR SUCH OTHER LOCATION
 DESIGNATED BY THE BOARD OF ELECTIONS.
   11. NOTWITHSTANDING THE  REQUIREMENTS  OF  THIS  TITLE  REQUIRING  THE
 CANVASS  OF BALLOTS CAST DURING EARLY VOTING AFTER THE CLOSE OF POLLS ON
 ELECTION DAY, SUCH CANVASS MAY BEGIN ONE HOUR BEFORE THE SCHEDULED CLOSE
 OF POLLS ON ELECTION DAY PROVIDED THE BOARD OF ELECTIONS  ADOPTS  PROCE-
 DURES  TO  PREVENT  THE  PUBLIC RELEASE OF ELECTION RESULTS PRIOR TO THE
 CLOSE OF POLLS ON ELECTION DAY AND SUCH PROCEDURES SHALL  BE  CONSISTENT
 WITH  THE REGULATIONS OF THE STATE BOARD OF ELECTIONS AND SHALL BE FILED
 WITH THE STATE BOARD OF ELECTIONS AT LEAST THIRTY DAYS BEFORE THEY SHALL
 BE EFFECTIVE.
   § 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
 ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
 PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
 ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
 PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
 UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST  ON  ELECTION  DAY.  THE
 STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
 LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
 THAT  RESPECTS  THE  PRIVACY  OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
 RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY  RECORD  FOR
 EACH  VOTER  BE  CONTINUALLY  UPDATED  TO REFLECT EACH INSTANCE OF EARLY
 VOTING BY SUCH VOTER.
   § 8. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law and shall apply to any
 election held 120 days or more after it shall have taken effect.